Immunities of Foreign Officials from Civil Jurisdiction
Forthcoming in THE CAMBRIDGE HANDBOOK OF IMMUNITIES AND INTERNATIONAL LAW (Tom Ruys, Nicolas Angelet, and Luca Ferro, eds.)
17 Pages Posted: 11 Jan 2018
Date Written: January 9, 2018
Jurisdictional rules, including immunity-based defenses to jurisdiction, allocate adjudicatory authority horizontally among sovereign states. In contrast to the more well-defined rules governing status-based immunities, this chapter focuses on conduct-based immunities from civil proceedings in light of the relative lack of consensus regarding their contours. First, it reviews some of the historical case law involving conduct-based immunity from civil proceedings in foreign courts, with a focus on U.S. cases. Second, it describes the approach taken more recently by several common-law courts. It concludes with observations on the evolving nature of law in this area.
Keywords: foreign official immunity, jurisdiction, common law immunity, Samantar
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